Page:Black's Law Dictionary (Second Edition).djvu/76

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


ANAGRAPE. commentary.

A register, inventory, or

ANALOGY. In logic. Identity or similarity of pinportion. Where there is no precedent in point, in cases on the same sub- ject. lauyers hzue recourse to cases on a different subject-matter, but governed by the same general principle. This is reasoning by analogy. Wharton.

ANAP1-IRDDISIA. In medical jurispru- dence. Inipotentia coenndi; frigldity; icnapacity for sexual intercourse existing in either man or woman, and in the latter case sometimes called “dyspareiinla.”

ANARC1-IIST. One who professes and advocates the doctrines of anarchy, q. 1;. And see Cerveny v. Chicago Daily News Co., 139 Ill. 34;‘). 28 N. ill. 692, 13 L. R. A. 864; United States v. Williams, 194 U. S. 279, 21 Sup. Ct. 719, 43 L. Ed. 97 .

ANARCHY. The destruction of government: lawlessness; the absence of all political government; by extension, confusion in government. See Spies v. People, 122 Ill. 1, 253, 12 N. iii. 86?, 3 Am. St. Rep. 320: Lewis v. Daily News Co., 81 Md 466, 32 Atl. 246. 20 L. R. A. 59; People v. Most. 36 Misc. Rep. 139, 73 N. Y. Supp. 220; Von Glerichteri v. Seitz, 94 App. Div. 130, 87 N. Y. Supp. 968.

ANATHEMA. An ecclesiastical punish- ment by which a person is separated from the body of the church, and forbidden all intercourse with the members of the same.

ANATHEMATIZE. To pronounce anathema upon: to pronounce accursed by ecclesiastical authority: to excommunicate.

ANATOCISM. In the civil law. Repeated or douhled interest; compound interest; usury. God 4, 32, 1. 30.

ANCESTOR. One who has preceded an- other in a direct line of descent; a lineal ascendant.

A former possessor: the person 1:: st seised. Termes de la Ley; 2 Bi Comm. 201.

A deceased person from whom another has inherited land. A former possessor. P-aiiey v. Bailey Mich. 185', McCarthy V. i\Iaish. 5 N. Y. I : Springer v. Fortune, 2 Handy. (0hlo.) 52. In this sense a child may he the “anccstor" of his deceased parent, or one brother the "ancestor" of an- other. Lnvery v. Egan. 143 Mass. 389. 9 N. F. 747; Miirphv v. Heiiry. 35 Ind. 450.

The term rllirers from “predecessor? in that it is applied to a natural person and his pi'o',;enitors, while the latter is applied also to a corporation and those who have hr-ld om:-as bcfore those who now fill them. Co. Litt. 78b.



ANCESTRAL. Relating to ancestors, or to what has been done by them; as homage anccstrcl.

Derived from ancestors. Ancestral estates are such as are transmitted by descent, and not by purchase. 4 Kent, Comm. 40-i. Brown v. Whaley, 58 Ohio St. 05-1, 49 N. E 479, 65 Am. St. Rep. 793.

ANCHOR. A measure containing ten gallons.

ANCHOR WATCH. A natch, consisting of a small numiier of men. (lrom one to four,) kept constantly on deck while the vessel is riding at single anchor, to see that the stoppers, painters. cables, and iuiiiy-ropes are ready for immediate use The Lady Franklin, 2 Lowell, 220. Fed. Cas. No. 7,934.

ANCHORAGE.}} In English law. A prestation or toll for every anchor cast from a ship iu a port; and sometimes, though there be no anchor. Hale, de Jure lliar. pt 2, c. 6. See 1 W. Bi. 413 ei‘. seq.; 4 Term. 262.

ANCIENT. om; that which has existed from an indefinitely early period or which hy age alone has aupiii ed certain rights or privileges accorded in new of long continu- ance.

-—Ancient deed. A deed 30 years old and shown to come from a proper custody and having nothing suspicious about it is an “ancient dceli" and may admitted in. evidence without

roof of its execution. Hincns v. Seashore

and Co.. 47 N. J. Eq. 305. 20 All. 497', Davis v_ \‘l'nod. 161 Mo. 17. 61 S. W. G. Ancient demesne. Manors which in the time of Wii- liam the Conqueror were in the hands of the Cl"(Wll‘l, and are so recorded in the Domesday Book. Fitzh. Wat Tirev. 14. . : Baht.-r v. W'ich. 1 Salk. 56. Tenure in aiicient deiiicscie may be

iemied in ahatemcnt to an action of ejectment

rist v. Roe. 2 Burr. 10-iii. Also a species of copyliohl, which differs. however, from common copyliolds in certain privileges, but yet must be conveyed by surrender, according to the custom of the manor. There are three sorts: (1) Vl'l.iere the lands are held freely luv the king's grant; (2) customary fI't'Pi'i0il]3l, which nre held of u manor in ancient dcuiesne, but not at tlic lord's will, although flicv are com eyed by surrender, or deed and adniiltancc: (3) innfis held by copy of court-roil at the lorrl‘s will. dcunrn- inated co vholds of base tenure.—Ancient ne vihich has stood long ennngzh to nrqiiire an easement of support against tli d joining‘ land or iviiiiding. 3 Kent, Comm. 2 \\‘nsiib. Rcai P '4. 76. In F.n_!ziiinI’i t . term is £|]')[)iii‘[i to h ii.cs or huildinss erected ht-fort‘ the time of legal memory, I(‘ur-kc, incl Acts 35. 100.) that is. iiefore the rci-vn of Rich- ard I., altiiough practically any house is an acniciit ll’lESSll')L'e if it was erected before the time of living memory, and its origin cannot be proved to be modci-n.—Ancient lights. Lights or win-ions in a house, which have linen used in their present state, without moicslnticn or interruption, for twenty years, and upwards To these the owner of the house has a l"iL'i'ii by prescription or occupancy. so that they csnnot be obstructed or clnced by the owner of the adiniinng land which thcv i-nay nveriook. Wright v. Freeman. 5 Hal‘ & J. (Md.) 477: Storv v Oiiin. 12 \‘la.=.=. 160. 7 Am. Doc. 81.—Aneient readings. Iii-'ulin-zs or

lectnres upon the ancient English statutes, for-